United States v. Bachelder
U.S. Circuit Court for the District of New Hampshire
This was an indictment against the defendant for an obstruction of one Nehemiah Jones, an inspector of the customs, in the duties of his office.
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This was an indictment against the defendant for an obstruction of one Nehemiah Jones, an inspector of the customs, in the duties of his office. The indictment charged as follows: ‘‘That the said Baehelder, on the 10th day of October A. D. 1812, at Amherst, in said district, did with force and arms violently and unlawfully resist, prevent and impede Nehemiah Jones of. &c. in the execution of his office, as an officer of the customs for the port and district of Portsmouth in said New Hampshire district, he the said Nehemiah Jones, being then and there an officer of the customs as aforesaid, to…
1Opinion of the Court
STORY, Circuit Justice.
The objections moved in arrest of judgment cannot prevail. It is not in general necessary, in an indictment for a statutable offence, to follow the exact wording of the statute. It is sufficient, if the offence be set forth with substantial accuracy and certainty to a reasonable intendment. The cases cited from the common law, where a different rule is supposed to prevail, do not apply. In those cases the very technical words used are those only, which constitute the specific offerice. The law allows of no substitute in the indictment. because no other words are exactly…
2Cited by19 opinions
- Weinzorpflin v. StateIndiana Supreme Court · 1844
- Commonwealth v. KaneMassachusetts Supreme Judicial Court · 1871
- Tully v. . PeopleNew York Court of Appeals · 1876
- Ike v. StateMississippi Supreme Court · 1872
- Bigham v. StateCourt of Criminal Appeals of Texas · 1892
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